CAFC Issues Mandate in Case on Automatic Rescission From AD Review for No Shipments
The U.S. Court of Appeals for the Federal Circuit issued its mandate in a case on the 2014-15 administrative review of the antidumping duty order on solar cells from China. In the opinion, the Federal Circuit said that a company…
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unable to prove it has entries for the purposes of being granted a separate AD rate should not automatically be rescinded from the review (see 2305190060). While the court found unconvincing the government's claim that it is not required to rescind a review for a company with no entries, the judges did rule that exporter Ningbo Qixin did not establish that it had no shipments, even though the agency rejected a separate rate for the company since it couldn't verify any entries (Canadian Solar International v. United States, Fed. Cir. # 20-2162).